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Town of Gorham
August 18, 2003
PLANNING BOARD MINUTES
LOCATION: Gorham High School Cafeteria, 41 Morrill Avenue, Gorham, Maine
Members Present: Staff Present:
HAROLD GRANT, CHAIRMAN DEBORAH FOSSUM, Dir. of Planning & Zoning
DOUGLAS BOYCE, VICE CHAIR. AARON SHIELD, Planning Assistant
THOMAS HUGHES NATALIE BURNS, ESQ., Town Attorney
CLARK NEILY
MICHAEL PARKER
SUSAN ROBIE
RICHARD SHIERS
The Chairman called the meeting to order at 7:00 p.m. The Assistant Planner called the roll, noting that all members were present.
1. APPROVAL OF MINUTES: AUGUST 4, 2003.
Clark Neily MOVED and Thomas Hughes SECONDED a motion to approve the Planning Board minutes of August 4, 2003, as written and distributed. Motion CARRIED, 6 ayes (Mr. Shiers abstaining as not having been present at the August 4 meeting). [7:03 p.m.]
2. SUBDIVISON PLAN Request for final approval for a 5-lot residential subdivision with a 970-foot gravel private way “Country Field Way” on l2.44 acres Zoned Rural/Shoreland Zoning; Map 54/Lots 9.004 & 9.006.
Lester Berry, PE, BH2M Engineers, appeared on behalf of the applicant, stating that the private way has been extended to the boundary line and a plan note has been added stating that the private right of way, the extension and the drainage easement will be held in common by the four lots on the private way and the developer will not retain ownership of the private way unless he owns a lot.
Mr. Shields presented the staff comments, indicating that the clarifications required have been made, the legal documents have been reviewed by the Town Attorney, and the applicant has indicated its concurrence with the Conditions of Approval.
PUBLIC COMMENT PERIOD OPENED:
Stephen Joffe, abutter, commented that despite his stated interest in the right of way, Mr. Holman has not afforded him any information, and he would like an opportunity to understand what the implications of the right of way would be. Mr. Shields said that while the Board seemed to be leaning at the last meeting toward not requiring the extension of the private way, the applicant voluntarily agreed to extend it, the only people who have rights to the private way would be the developer right now and/or the individuals who buy into the development, that it is not free for the taking to abutting land owners but would have to be negotiated with the land owners who actually buy into the development. Mr. Joffe said he thought it was more than the applicant offering to provide the right of way, that it was a Town
requirement to do so, and he would have wanted some communication from the developer about it. Ms. Fossum said that the applicant has provided the right of way, and, in terms of notice, the Towninvolved and the future access is not been waived, whereas with a private way, the applicant has been able to make his case about not providing a future right of way. He said that in this case, the applicant offered to provide the right of way, which has value only to the four people who will own the lots on the private way, or the developer if he chooses to retain it. Mr. Joffe asked for confirmation that the pond which the right of way appears to cross could be filled, all four landowners would have to approve, unless Mr. Holman sold him some other parcel, and the private right of way does not preclude the Town at some future time needing it to be used for other purposes. Mr. Shields confirmed his understanding, and said that the Town could take the private way by eminent domain from the landowners.
PUBLIC COMMENT PERIOD ENDED.
Clark Neily MOVED and Douglas Boyce SECONDED a motion to grant final approval of Holman Development Corporation
3. SUBDIVISION PLAN Request for final approval for a 14-lot residential subdivision with 2 roads on 29.44 acres on the Robert Gordon property. Zoned R; Map 45/Lot 23; Map 47/Lot 39.
Shawn Frank, Sebago Technics, appeared on behalf of the applicant, and gave an overview of the project, stating that in accordance with approval from the Town Council, access into the project will come in off the existing Queen Street right of way with Route 114, coming in for approximately 85 feet and then start bending up into the property itself, so that after approximately 300 feet, the road will be totally on the applicantcutting in ditches. He said Mercier Way will be the other means of access, which will be improved to Rural Access Street standards, with the existing hammerhead abandoned and conveyed to existing property owners. He said the project will be served by public water, public fire hydrants, underground utilities, and on-site sewerage disposal. He said that the major item for discussion now is the sight distance of the two intersections with Route 114, which will be addressed by the proposed MDOT improvements to Route 114. Mr. Frank said that working with staff, they have added a plan note allowing the lots to be conveyed within the project, but stating that no building permits will be issued until such time as the sight distance issue is resolved, and this plan note will be included in the purchase and sales documents so that potential buyers will know beforehand that there will not be any building until the sight distance deficiencies are corrected. He
said that if MDOT does not make the corrections, the applicant will make them.
Mr. Shields presented the staff comments, commenting that the applicant has obtained rights to upgrade a section of Mercier Way, presently a private way, to wrap it around to connect with the new Gordon Farms Road, and, as Mr. Frank has said, both intersections have problems with sight distances. Mr. Shields spoke about the discussions held with the applicant and the Town Attorney about a condition of approval and plan note to permit the applicant to convey some lots and build the roadways but not to obtain building permits until the sight distance matter is corrected, and this information will be conveyed to anyone who is interested in buying in the development.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Shiers asked staff what would happen, worst case scenario, if MDOT did not make the intersection improvements for 3 or 4 years. Mr. Shields replied that in this case, if the developer wanted to go beyond the sale of lots, it would have to make the sight distance improvements to both intersections or make the intersection improvements to Mercier Way and only sell lots in the first 1500 feet. Mr. Frank said they have met with MDOT about this question, and MDOT would allow the applicant to do just the sight fix rather than the entire work, such as drainage, shoulders, etc., and the applicant is confident that if MDOT does not go forward in a timely fashion it can handle the sight distance corrections. Mr. Grant asked if staff had any numbers showing what the sight distance was going to be, what the
design speeds are; Mr. Shields replied that the engineer has not provided any such information. Ms. Fossum said should DOT decide it was not going to be able to timely proceed, the developer would then be required to develop its design for the improvements under an agreement with the DOT, and DOT would review those plans. Mr. Grant asked if the developer would have to come back before the Board if it were going to have to do the improvements. Ms. Burns replied that the developer would have to come back if in its design it somehow modified its “on site” conditions, as it would be an amendment to an approved subdivision plan, and if it was doing “in right of way” improvements through an agreement with the State, it would not necessarily be required to come back before the Board, but the Board could make that another condition of approval. Mr. Frank said that MDOT has developed specific drawings for this section of Route 114, which he
thought had been made available to the Town, since MDOT anticipated that work occurring this year, and if the applicant does the work, it has to be done in accordance with those drawings. Mr. Grant suggested that there be a modified condition of approval stating that the sight distances have to meet the sight distances for the speed that the highway will be built to. Ms. Fossum said that a new condition of approval would be more appropriate. Mr. Parker asked if the issue might be something the Code Enforcement Officer could adequately review before the first building permit is issued. Mr. Grant replied that the Code Enforcement Officer would not review sight distances. Mr. Hughes complimented the developer for making the roads 24 feet wide. Mr. Frank said the curbing would be bituminous.
Ms. Burns read a proposed new condition of approval: In the event the applicant performs the improvements to the intersection of Route 114 and Mercier Way, the applicant shall return to the Planning Board for review and approval of the improvements. Mr. Neily said that he believed that existing Condition #4 is sufficient; the Board concurred.
Susan Robie MOVED and Thomas Hughes SECONDED a motion that the Planning Board grant final approval of Smith and Smith Construction Inc.
4. PRELIMINARY SUBDIVISION Request for preliminary approval for a 12-lot residential subdivision with 1 road on 8.84 acres. Zoned UR-OR; Map 30/Lot 7.
Bill Thompson, project manager with BH2M Engineers, appeared on behalf of the applicant, and gave an overview of the proposed project. He said that the utilities would be underground, the project would have public sewer and water, and would also be served by natural gas. He described the roadway entering the project as 1300 feet long, 22 feet wide with esplanade and sidewalk, there will be two future access reserved rights of way, site distance at Main Street exceeds 1000 feet in each direction, stormwater will be deposited into a detention pond, and there will be a gravity sewer without the need for a pump station. Mr. Thompson said that a few details remain to be tuned up with the Portland Water District.
Mr. Shields presented the staff comments and said that the original house on the property has been moved to Lot A as shown on the plan, and the applicants will convey a small portion to an abutter, as referenced in a plan note that has been added. If the transfer does not occur, the land will be added to Lot #1. He mentioned the applicant
Mr. Shiers asked what landscaping and buffering is proposed, and because he felt the location of the houses directly across from one another on a single street was not particularly attractive, encouraged the developer to consider extra landscaping such as shrubs and shade trees on each lot, and to be more aggressive with landscaping buffers between the development and the industrial zone at the east side of the lots.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Parker asked the Town Attorney if it would be possible to require a deed entry on each lot that states that there is industrial land bordering the development, and not just a plan note. Ms. Burns said that the Planner had asked that question earlier, and initially Ms. Burns felt it was not a good idea to put zoning classifications into deeds, simply because they can change at any time and deeds are a permanent part of a the chain of title. Ms. Burns said, however, it is much more likely that people buying lots in a new subdivision will see the plan in part because when the title search is done, the deed reference will be to the subdivision plan. She said that while the Board could require that to be put into a deed, she suggested that it be left as a plan note, or, alternatively, there could be a
condition of approval requirement that a disclosure be made as part of the sale of the lot that the abutting property is zoned industrial/commercial and is expected to be developed for those purposes. Mr. Parker said he would favor the disclosure method. Ms. Burke said the Town requires the Conditions of Approval appear in the Decision Document that is registered in the Registry as well as the subdivision plan. Mr. Neily said he would like to see it as a condition of approval. Mr. Shields said that when they come back for final approval it can be added as a condition of approval and as a plan note as well. Mr. Thompson said it would not be a problem.
Clark Neily MOVED and Susan Robie SECONDED a motion to grant preliminary approval of Padraic Keane and Seamus HaleyDiscussion: Mr. Grant commented that he believed that the Fire Chief will ask that the name “Irish Meadows” be changed as an “Irish Farms” already exists in Gorham on Route 25.
Motion CARRIED, 7 ayes.
5. PRE-APPLICATION CONFERENCE / PRIVATE WAY - “PAULIN DRIVE” Pre-application discussion for a proposed 600
Lester Berry, BH2M Engineers, appeared on behalf of the applicants, saying that Barry Paulin was also present. Mr. Berry said there was a 1000 feet of sight distance in each direction at the proposed intersection of the private way and Finn Parker Road. Mr. Berry said that the applicants want to create two new lots and that the Paulins have lived at their home on site for over 5 years, so it is not a subdivision.
Mr. Shields said that staff had no comments at the present time. Mr. Grant directed that a site walk be scheduled.
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6. SUBDIVISION AMENDMENT Request for approval for a subdivision amendment for lot line changes in the Thomas Dodge Subdivision. Zoned Rural; Map 37/Lots 13, 13,002 & 13.003.
Stephen Adams appeared and explained the various corrections and changes which have been made on the plans, such as the crosshatching that has been added to depict portions of the original Elmer Dodge Subdivision, the changes in the General Notes which have been made to improve clarity, and the addition of deed references to distinguish between parcels in the various subdivisions.
Mr. Grant commented that the Board
Mr. Boyce said that the plan as revised provides the level of clarification that he was looking for, and he complimented staff, the applicant, and the Town Attorney for cleaning the plan up. Mr. Grant recognized Cathy Beety, 20 Cider Mill Lane, who said she has no problem with this being approved, but the neighbors have to be allowed to view the new plan before it is approved. She said she had called the Planning Office twice to make an appointment to see the plans, but no one had called her back. Ms. Fossum said that plans are not sent to abutters, the plans are on file in the office and anyone can come in and look at them. Ms. Beety said she was told she needed an appointment; Ms. Fossum said that no appointment was necessary to come in to look at the file. Ms. Beety said she heard what the
change was. Ms. Beety viewed the plans. Mr. Parker thanked the applicant for his perseverance in working to resolve the issues involved, particularly so that a future Planning Board can now look at the plan and understand what has happened.
Clark Neily MOVED and Michael Parker SECONDED a motion that the Planning Board grant approval of Stephen D. Adams
7. FINAL SUBDIVISION / PRIVATE WAY John T. Hawkes requests final subdivision plan approval for a 6-lot subdivision and 1,100
Thomas Greer appeared on behalf of the applicant and explained that the survey boundary error has been corrected, the last two lots have been reconfigured, and the Net Acreage calculations have also been revised. He said that they would like the plan note specifying that a performance bond be provided before the issuance of any building permits be changed to read that prior to any construction or lot sales, a 100% performance bond would have to be filed with the Town of Gorham. Mr. Greer said that Mr. Hawkes does not propose to develop this parcel; rather, he proposes to sell it and another developer will demonstrate the financial capacity, that this is an attempt by Mr. Hawkes to consolidate his debt structure in order to make the Barstow Highlands project more financially feasible.
Mr. Shields made the staff comments and advised the Board that the name of the Subdivision has been changed to “Branch Subdivision,” and the total acreage has been recalculated to be 19.00 acres. Mr. Shields said that Condition of Approval No. 3 requires the applicant to bring the original fire pond on site to the standards and access requested by the Fire Chief. Mr. Shields asked Mr. Greer to show the 20% slopes on Lot 5 on the Net Acreage Plan. He referred to the two-foot basement flooring elevation above the flood plain elevation as a recommendation from the engineer who determined the flood plan elevation. Mr. Shields said that Ms. Fossum and Ms. Burns have drafted a condition of approval that would deal with the financial capacity for the Boardexplained that the applicant has not provided the standard financial capacity letter and would be willing to totally restrict lot sales and construction, so she and Ms. Burns have crafted a condition of approval which would read: The applicant shall replace Plan Note 28, which is the standard “in lieu of a performance guarantee or conditional agreement,” on the 8/13/03 sealed plan with the following: That there shall be no lot sales or commencement of any site construction activities whatsoever until a bond or performance guarantee in an amount equal to 100% of the value of the proposed private way roadway, fire pond improvements, right of way monumentation, and any other public or quasi public improvements shown on the approved plans in a format acceptable to the Town Manager and the Town Attorney is posted with the Town.” She said this should replace Plan Note 28 and also become a condition of approval.
Mr. Grant asked if Board members want to see the proposed Condition of Approval read by Ms. Fossum added to the plan; the Board concurred. Mr. Neily commented that he hoped muddy conditions that occurred with a past development would not occur again; Mr. Greer said an erosion control plan has been included with riprapping ditches, putting up silt fencing, and other erosion control measures. He said that erosion control is an important issue discussed at pre-construction meetings. Mr. Greer asked Ms. Burns if individual lot sales or the entire project sale are one and the same. Ms. Burns said that the proposed condition should be amended to read “… there should be no individual lot sales or commencement…” with a sentence added
at the end that “This condition shall not prohibit the sale of the entire subdivision to a new owner.” Mr. Greer said those changes would be helpful.
Michael Parker MOVED and Susan Robie SECONDED a motion to grant final approval of John T. Hawkes
8. ADJOURNMENT
Douglas Boyce MOVED and Michael Parker SECONDED a motion to adjourn. Motion CARRIED, 7 ayes. [9:15 p.m.]
Respectfully submitted,
________________________________
Barbara C. Skinner
Secretary to the Board
______________________, 2003
P:\TOWN\PLAN\PLBD\AGENDAS\MINUTES\PBMN04FY\PBMN081803sec draft.doc
2. SUBDIVISION PLAN Approved
Conditions of Approval:
That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicant and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for de minimus changes which the Director of Planning may approve;
That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;
That the applicant shall meet the requirements outlined in the Fire Chief
That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall arrange pre-construction meetings with the selected Review Engineer, Public Works Director, Fire Chief, Code Enforcement Officer and the Planning Director to review the proposed schedule of improvements, conditions of approval, and site construction requirements;
The Town of Gorham shall not be responsible for the maintenance, repair, plowing, or similar services for the private way shown on this plan, and if the private way has not been built to public way standards, the Town Council will not accept it as a public way;
That prior to the commencement of construction or land improvements or the issuance of any building permits within the subdivision, the developer shall pay the fee required by the Recreational Space Ordinance in lieu of setting aside improved recreational land within the development;
That the applicant shall be responsible for the cost and installation of all required street signs to be placed in locations approved by the Fire Chief and Police Chief;
That the applicant shall provide property line information and site information in auto-cad format to the Town of Gorham Tax Assessor;
That the applicant shall create a homeowners association or other legal entity acceptable to the Town and shall submit the association documents or declaration creating the association or other legal entity in a form acceptable to the Town Attorney.~ The documents or declaration shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair, and plowing of all streets within the subdivision, and shall state that the homeowners association and/or the lot owners shall be responsible for all costs related to the street.~ The applicant shall be responsible for recording the approved documents in the Cumberland County Registry of Deeds within 90 days of the date of approval of the subdivision by the Planning Board; and
That these conditions of approval and the Final Plan shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board3. SUBDIVISION PLAN Approved
Conditions of Approval
1. That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicant and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for de minimus changes which the Director of Planning may approve;
2. That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;
3. That the applicant shall meet the requirements outlined in the Fire Chief
4. The Town shall not issue building permits for any lots in the subdivision until the Maine Department of Transportation completes the anticipated improvements at the intersection of proposed Mercier Way and Route 114 and the intersection of proposed Gordon Farms Road and Route 114.~ In the event that such improvements are not completed at the time that the applicant completes the subdivision roads, the developer may perform the improvements at the intersection of Route 114 and Mercier Way necessary to meet applicable sight distance requirements.~ In such case, the Town shall only issue building permits for lots located within 1500 feet of the intersection of Route 114 and Mercier Way until such time as the improvements to the intersection of Gordon Farms Road and Route 114 are
completed;
5. That the applicant shall, prior to the start of construction of improvements within the Queen Street ROW, execute a written agreement with the Town of Gorham authorizing such improvements;
6. That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall arrange pre-construction meetings with the selected Review Engineer, Public Works Director, Fire Chief, Code Enforcement Officer and the Planning Director to review the proposed schedule of improvements, conditions of approval, and site construction requirements;
7. That prior to the commencement of construction or land improvements or the issuance of any building permits within the subdivision, the developer shall pay the fee required by the Recreational Space Ordinance in lieu of setting aside improved recreational land within the development;
8. That the applicant shall be responsible for the cost and installation of all required street signs to be placed in locations approved by the Fire Chief and Police Chief;
9. That the applicant shall provide property line information and site information in auto-cad format to the Town of Gorham Tax Assessor;
10. That the legal documents shall be revised to satisfy any final review comments of the Town Attorney, prior to the release of the Final Plan Mylar; and
11. The applicant shall create a homeowners association or other legal entity acceptable to the Town and shall submit the association documents or declaration creating the association or other legal entity in a form acceptable to the Town Attorney.~ The documents or declaration shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair, and plowing of all streets within the subdivision, and shall state that the homeowners association and/or the lot owners shall be responsible for all costs related to the street.~ The applicant shall be responsible for recording the approved documents in the Cumberland County Registry of Deeds within 90 days of the date of approval of the subdivision by the Planning Board; and
12. That these conditions of approval and the Final Plan shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board
6. SUBDIVISION AMENDMENT OFF FLAGGY MEADOW ROAD
Approved
Conditions of Approval
1. That this approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the Applicant and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for de minimis changes which the Director of Planning and Zoning may approve;
2. That all previous conditions of approval attached to the Subdivision of Land of Thomas W. Dodge shall remain in effect, unless amended by approval of the Gorham Planning Board;
3. That the applicant shall provide property line information in auto-cad format and return this to file to the Town Tax Assessor; and
4. That these conditions of approval and the Final Plan shall be recorded at the Cumberland Country Registry of Deeds within thirty (30) days of the Planning Board
7. FINAL SUBDIVISION/PRIVATE WAY Approved
Conditions of Approval:
1. That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicant and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for de minimus changes which the Director of Planning may approve;
2. That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;
3. That the applicant shall meet the requirements outlined in the Fire Chief
4. That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall arrange pre-construction meetings with the selected Review Engineer, Public Works Director, Fire Chief, Code Enforcement Officer and the Planning Director to review the proposed schedule of improvements, conditions of approval, and site construction requirements;
5. The Town of Gorham shall not be responsible for the maintenance, repair, plowing, or similar services for the private way shown on this plan, and if the private way has not been built to public way standards, the Town Council will not accept it as a public way;
6. That prior to the commencement of construction or land improvements or the issuance of any building permits within the subdivision, the developer shall pay the fee required by the Recreational Space Ordinance in lieu of setting aside improved recreational land within the development;
7. That each building within the subdivision must have its lowest floor, including basement, a minimum of two feet above the 100 year flood elevation and must have this elevation certified by a professional engineer, surveyor or architect prior to start of construction;
8. That the applicant shall be responsible for the cost and installation of all required street signs to be placed in locations approved by the Fire Chief and Police Chief;
9. That the applicant shall provide property line information and site information in auto-cad format to the Town of Gorham Tax Assessor;
10. That there shall be no individual lot sales or commencement of any site construction activities whatsoever until a bond or performance guarantee in an amount equal to 100% of the value of the proposed private way roadway, fire pond improvements, right of way monumentation, and any other public or quasi public improvements shown on the approved plans in a format acceptable to the Town Manager and the Town Attorney is posted with the Town. This condition shall not prohibit the sale of the entire subdivision to a new owner;
11. That the applicant shall create a homeowners association or other legal entity acceptable to the Town and shall submit the association documents or declaration creating the association or other legal entity in a form acceptable to the Town Attorney.~ The documents or declaration shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair, and plowing of all streets within the subdivision, and shall state that the homeowners association and/or the lot owners shall be responsible for all costs related to the street.~ The applicant shall be responsible for recording the approved documents in the Cumberland County Registry of Deeds within 90 days of the date of approval of the subdivision by the Planning Board;
and
12. That these conditions of approval and the Final Plan shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board
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